- 1 - HC-KAR CNR: KAHC010528642022 NC: 2026:KHC:40751 MFA No. 7778 of 2022 C/W MFA No. 4096 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.7778 OF 2022 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO.4096 OF 2022 (MV-I) IN MFA NO. 7778/2022 BETWEEN: SRI.RAGHAVENDRA DEVADIGA ALIAS K.V.RAGHAVENDRA DEVADIGA, S/O K.V.DEVADIGA, AGED ABOUT 41 YEARS, R/AT D.NO.3-21, SRI. BHAMA, 80 BADAGABETTU, UDUPI TALUK AND DISTRICT, PERMANENT R/O.H.NO.1.1-51 MELMANE, DEVASTHANABETTU MANE, BELLARYPADDY VILLAGE AND POST, UDUPI TALUK. …APPELLANT (BY SRI. NAGARAJA HEGDE, ADVOCATE) AND: 1. SRI. SANTHOSH C., S/O CHANDRASHEKAR J.D., AGED ABOUT 32 YEARS, R/AT: H.NO.672, 6TH A CROSS, Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010528642022 NC: 2026:KHC:40751 MFA No. 7778 of 2022 C/W MFA No. 4096 of 2022 AGB LAYOUT, HESARAGHATTA MAIN ROAD, BENGALURU 560 090. 2. MRS. RAJANNA, W/O CHANDRASHEKARA J.D., AGED ABOUT 58 YEARS, R/AT:H.NO.672, 6TH A CROSS, AGB LAYOUT, HESARAGHATTA MAIN ROAD, BENGALURU 560 090. 3. UNIVERSAL SOMPO GENERAL INS. CO. LTD., BRANCH OFFICE, 3RD FLOOR, KVV SAMRAT, 217/A, 3RD MAIN, OUTER RING ROAD, KASTURI NAGAR, BENGALURU 560 043 REP BY ITS BRANCH MANAGER. …RESPONDENTS (BY SRI.SHARANAPPA GOUDA MALIPATIL, ADVOCATE FOR R-3; NOTICE TO R-1 AND R-2 D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.03.01.2022 PASSED IN MVC NO.1119/2019 ON THE FILE OF THE PRL.SENIOR CIVIL JUDGE AND ADDITIONAL MACT, UDUPI. - 3 - HC-KAR CNR: KAHC010528642022 NC: 2026:KHC:40751 MFA No. 7778 of 2022 C/W MFA No. 4096 of 2022 IN MFA NO. 4096/2022 BETWEEN: UNIVERSAL SOMPO GENERAL INSURANCE CO. LTD., 3RD FLOOR, KVV, SAMRAT 217/A, 3RD MAIN, OUTER RING ROAD, KASTURI NAGAR, BANGALORE-560 043. REP. BY THE MANAGER, UNIVERSAL SOMPO GENEAL INSURANCE CO.LTD., UNIT NO.401, 4TH FLOOR, SINGAM COMPLEX - 127, ANDHERI KURAL ROAD, ANDHERI (EAST), MUMBAI-400059. ...APPELLANT (BY SRI. SHARANAPPA GOUDA MALI PATIL, ADVOCATE) AND: 1. SRI.RAGHAVENDRA DEVADIGA @ K.V.RAGHAVENDRA DEVADIGA, S/O K.V.DEVADIGA, AGED ABOUT 41 YEARS, R/O D.NO.3-21, SRI BHAMA, 80 BADAGABETTU, UDUPI TALUK AND DISTRICT. PERMANENT R/OF H.NO.1-51, MELMANE, DEVASTHANABETTUMANE, BELLARPADY, VILLAGE AND POST, UDUPI TALUK AND DISTRICT 576 124. - 4 - HC-KAR CNR: KAHC010528642022 NC: 2026:KHC:40751 MFA No. 7778 of 2022 C/W MFA No. 4096 of 2022 2. SRI. SANTHOSH C., S/O CHANDRASHEKAR J.D., AGED ABOUT 32 YEARS, R/AT H.NO.672, 6TH 'A' CROSS, AGB LAYOUT, HESARAGATTA MAIN ROAD, BANGALORE-560 090. 3. SMT. RAJAMMA, W/O CHANDRASHEKARA J.D., AGED ABOUT 58 YEARS, R/AT H.NO.672, 6TH 'A' CROSS, AGB LAYOUT, HESARAGATTA MAIN ROAD, BANGALORE-560090. ...RESPONDENTS (BY SRI.NAGARAJA HEDGE, ADVOCATE FOR R-1; NOTICE TO R-2 AND R-3 D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.01.2022 PASSED IN MVC NO.1119/2019 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND ADDITIONAL MACT, UDUPI. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 5 - HC-KAR CNR: KAHC010528642022 NC: 2026:KHC:40751 MFA No. 7778 of 2022 C/W MFA No. 4096 of 2022 CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT These two appeals arise out of the judgment and award dated 03.01.2022 passed in MVC No.1119/2019 by the Principal Senior Civil Judge, Motor Accident Claims Tribunal Udupi, (hereinafter referred to as 'the Tribunal') whereby the Tribunal partly allowed the claim petition filed by the claimant and awarded compensation of Rs.23,49,000/- with interest at 6% per annum from the date of accident till deposit the compensation amount before the Tribunal. 2. The factual matrix of the case is that, on 27.02.2019 at about 9:45 p.m., the claimant was proceeding on his Royal Enfield motorcycle bearing Reg.No.KA-05-JY-1546 from Udupi towards Parkala. When he reached near Tiger Circle, Manipal, a Maruti Baleno car bearing Reg.No.KA-03-NC- 7451, which was coming in the opposite direction, dashed against the claimant's motorcycle. As a result, the claimant fell on the road and sustained grievous injuries. He was initially shifted to KMC Hospital, Manipal, for treatment. Consequently, - 6 - HC-KAR CNR: KAHC010528642022 NC: 2026:KHC:40751 MFA No. 7778 of 2022 C/W MFA No. 4096 of 2022 he filed the claim petition seeking compensation for the injuries sustained in the motor vehicle accident. 3. Upon appreciation of the oral and documentary evidence placed on record, the Tribunal partly allowed the claim petition and awarded compensation as stated supra. Aggrieved by the said judgment and award, the claimant has preferred MFA No.7778/2022, while the Insurance Company has filed MFA No.4096/2022. 4. Heard the learned counsel for the respective parties. 5. Learned counsel for the claimant-appellant, apart from urging several other contentions, primarily contended that the Tribunal erred in awarding meagre compensation without properly appreciating the nature and gravity of the injuries sustained by the claimant. He submitted that though PW.2, the Doctor, assessed the permanent disability at 32% to the whole body, a perusal of Ex.P6 – Wound Certificate, Ex.P7 – Discharge Summary, and Ex.P27 – Photographs clearly establishes that the claimant sustained grievous injuries to both - 7 - HC-KAR CNR: KAHC010528642022 NC: 2026:KHC:40751 MFA No. 7778 of 2022 C/W MFA No. 4096 of 2022 his legs. It was further contended that the claimant's right toe had been amputated. Further, PW.2 has categorically deposed that the claimant has suffered 70% disability and is unable to continue his avocation as a driver. Learned counsel further submitted that the claimant was a professional driver holding a valid licence to drive heavy goods vehicles and was also the owner of two lorries. Having regard to the nature of his avocation and the permanent disabilities suffered by him, the functional disability ought to have been assessed at 100%. However, the Tribunal has erroneously taken the disability at only 36% for the purpose of computing compensation. He also contended that Tribunal erred in awarding meagre compensation in all the other heads. Accordingly, he prays to allow the appeal. 6. Per contra, learned counsel appearing for the Insurance Company vehemently contended that the Tribunal has awarded exorbitant compensation contrary to the evidence on record. He submitted that the Tribunal erred in assessing the permanent disability at 36%, despite the categorical evidence of PW.2, the Doctor, who assessed the permanent - 8 - HC-KAR CNR: KAHC010528642022 NC: 2026:KHC:40751 MFA No. 7778 of 2022 C/W MFA No. 4096 of 2022 physical disability at 32% to the whole body. He further submitted that the disability certificate marked as Ex.P12 also depicts that the permanent disability at 32%, and therefore, the Tribunal was not justified in adopting a higher percentage of disability for the purpose of computation of compensation. Learned counsel further contended that the Tribunal also erred in assessing the monthly income of the claimant at Rs.30,000/. According to him, the claimant failed to produce any reliable or authenticated documentary evidence to establish his income. In the absence of such proof, the Tribunal ought to have assessed the income on a notional basis. On these grounds, he prays to allow the appeal filed by the Insurance Company. 7. I have given my anxious consideration both on the submissions of the learned counsel for the respective parties and perused the entire materials on records. 8. As could be gathered from records, the occurance of accident in question and the coverage of the insurance policy to the offending Baleno Car are not in dispute. Further it is also not in dispute that the accident was caused due to the negligence of the driver of the offending Baleno Car. Hence the - 9 - HC-KAR CNR: KAHC010528642022 NC: 2026:KHC:40751 MFA No. 7778 of 2022 C/W MFA No. 4096 of 2022 only point for consideration is the quantum of compensation granted by the tribunal. I have carefully perused the evidence of PW.2-Doctor so also Exs.P6-wound certificate, P7-discharge summary, P12-disability certificate. Exs.P11 and P12 - treatment and disability certificate reads as under: "Ex.P11 - The claimant received the following treatment: a. Admission from 28.2.2019 to 25.3.2019. He underwent following surgical procedures under anaesthesia: 28.2.2018: wound debridement, external fixator application, K-wire fixation, LAD application. 6.3.2019:Right great toe amputation, LAD application. 13.3.2019 : Redebridement. 20.3.2019 : Local flap and SSG. Discharges with advice of non-weight bearing crutch walk. b. Reviewed in the OPD on 9.4.2019, 7.5.2018, 8.7.2019. c. Readmitted from: 8.11.2019 to 9.11.2019 for external fixator removal and cast application. d. Reviewed in the OPD on 7.12.2019 (alkathene splint advised), 13.1.2020, 20.1.2020, 29.1.2020. e. At present he has right knee instability and delayed - 10 - HC-KAR CNR: KAHC010528642022 NC: 2026:KHC:40751 MFA No. 7778 of 2022 C/W MFA No. 4096 of 2022 union of right tibia with evidence of mild infection. f. He needs to be reviewed after 2 months. Ex.P12 1. On examination he had the following: a. open fracture of right tibia with fibula-grievous. b. Right foot great toe distal phalanx fracture- grievous. 2. He received the following treatment. a. Admission from 28.2.2019 to 25.3.2019, He underwent following surgical procedures under anaesthesia: 28.2.2019: Wound debridment, external fixator application, K-wire fixation, LAD application, 6.3.2019:Right great toe amputation, LAD application, 13.3.2019 : Redebridement. 20.3.2019 : Local flap and SSG. Discharges with advice of non-weight bearing crutch walk. b.Reviewed in the OPD on 9.4.2019, 7.5.2019, 5.7.2019, 8.7.2019, c. Readmitted from: 8.11.2019 to 9.11.2019 for external fixator removal and cast application. d. Reviewed in the OPD on 7.12.2019 (alkathene splint advised), 13.1.2020, 20.1.2020, 29.1.2020. e. At present he has right knee instability and delayed - 11 - HC-KAR CNR: KAHC010528642022 NC: 2026:KHC:40751 MFA No. 7778 of 2022 C/W MFA No. 4096 of 2022 union of right tibia with evidence of mild infection. f. Reviewed on 30.7.2020, 21.12.2020 3. On 21.12.2020, he had the following: a. Post-traumatic instability of right knee with secondary degenerative arthritis. b. Post-traumatic scarring of right leg 22 x 12 cm over right leg, 12 x 7 cm over right foot with hyposthesia. c. Post- traumatic amputation of right great toe. d. Post-traumatic restriction of movements of Right knee 0-90, Left 0-135, ankle PF 10, DF - Nil. e. Functional assessment : With walking aid: Walk : 6/10; Run 0/10, Jump 0/10; Stand 5/10; Sit cross legged 0/10; Squat 0/10; stairs 2/10; Activities of daily living 3/10 f . Radiological findings: Right tibia fracture united, no implant, right knee-degenerative arthritis. 3. In view of the above mentioned, he has a permanent disability of 32% (Thirty Two percent) of right lower limb locomoter functions (based on the Formula as per The Gazette notification of India, Part II-Section 3(ii), New Delhi, January 5th 2018). 4. Further, he needs to undergo total knee replacement of right knee at a later date. The cost of such treatment would be Rs.1,75,000/- (Rupees One Lakh Seventy Five thousand). - 12 - HC-KAR CNR: KAHC010528642022 NC: 2026:KHC:40751 MFA No. 7778 of 2022 C/W MFA No. 4096 of 2022 9. However, it reveals that claimant sustained permanent disability of 32% on the right lower limb and locomotor functions. Wound certificate at Ex.6 reveals the following injuries. 1) Grazed abrasion reddish, 8x4 cm, present over back and other outer aspect of right forearm, 3 cm below the elbow joint. 2) Laceration, 4x2 cm x subcutaneous tissue deep over the front of left forearm, staring at elbow joint. 3) Laceration, 10x6 x bone deep over the front and outer aspect of right knee. 4) Laceration, 15x15 cm x bone deep over the innter aspect of the right foot, starting at heel." 10. I have carefully perused the photographs of the injured marked as Ex.P27. The said photographs clearly reveal that the claimant had sustained severe fractures to his right leg below the knee, and the great toe of his right foot had been amputated. Learned counsel for the claimant further contended that the claimant was the owner of two lorries and was also working as a driver. To substantiate the same, he placed his driving licence, pan card and registration certificates marked at Exs.P15 to P17. On careful examination of the documents, it is evident that the claimant possessed a valid licence to drive LMV, MCWG trans (transport) vehicles. Ex.P16 is the - 13 - HC-KAR CNR: KAHC010528642022 NC: 2026:KHC:40751 MFA No. 7778 of 2022 C/W MFA No. 4096 of 2022 Permanent Account Number (PAN) Card issued by the Income Tax Department. Ex.P17 contains the Registration Certificates of two lorries, both stand in the name of the claimant. These documents clearly establish that the claimant was not only the owner of two lorries but was also a qualified driver authorised to drive heavy transport vehicles. Having regard to the nature of the injuries suffered by the claimant and his avocation, it could be easily presumed that he would not be in a position to continue his profession as a driver. Under such circumstances, I am of the considered view that the disability assessed by the Tribunal at 36% requires interference and the same has to be re-assessed at 50%. Further the income of the claimant is concerned, as discussed supra, since he was owning two lorries and he being a driver himself, it could be presumed that he was earning minimum Rs.30,000/- per month. In such circumstances the Tribunal is justified in taking income of the claimant at Rs.30,000/- per month. Since the disability is considered at 50%, in view of law laid by the Division Bench of this Court in MFA No.103807/2016 and connected with other matter and also by the Hon'ble Apex Court in the case of - 14 - HC-KAR CNR: KAHC010528642022 NC: 2026:KHC:40751 MFA No. 7778 of 2022 C/W MFA No. 4096 of 2022 Sidram vs. United India - 2023 (3) SCC 439, the future prospectus of 40% is added to the income. Hence, the income would be at Rs.42,000/- (Rs.30,000 + 40%). 11. As the claimant was aged 38 years, a multiplier of '15' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.37,80,000/- (Rs.42,000 x 12 x 15 x 50%) towards 'loss of future income'. 12. As a consequence, the amount of Rs.20,000/- awarded by the Tribunal towards 'loss of income during the laid up period' would also stand enhanced to Rs.1,00,000/-. 13. Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.1,00,000/- towards 'pain and suffering' as against Rs.20,000/- awarded by the Tribunal. 14. Having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of Rs.50,000/- towards loss of amenities, as against the sum of Rs.15,000/- awarded by the Tribunal. - 15 - HC-KAR CNR: KAHC010528642022 NC: 2026:KHC:40751 MFA No. 7778 of 2022 C/W MFA No. 4096 of 2022 15. Having regard to the length of the stay of the claimant in the hospital, the claimant would also be entitled to 'Conveyance, food and nourishment and attendant charges' at Rs.30,000/- as against the sum of Rs.15,000/- awarded by the Tribunal. 16. The sum awarded as medical expenses at Rs.1,59,732.47/-, being based on documentary evidence, do not call for modification and hence confirmed. 17. The sums awarded under other heads of compensation granted by the Tribunal, remains unaltered. 18. Consequently, the award of the Tribunal is modified and the claimant would be entitled to the following compensation: Sl. No. Compensation under different Heads As awarded by this Court (Rs.) 1. Pain and suffering including mental agony 1,00,000 - 16 - HC-KAR CNR: KAHC010528642022 NC: 2026:KHC:40751 MFA No. 7778 of 2022 C/W MFA No. 4096 of 2022 2. Loss of future earnings due to disability 37,80,000 3. Medical expenses 1,59,732.47 4. Future medical expenses 1,75,000 5. Conveyance charges, nourishment, nutritious food and attendant charges 30,000 6. Loss of amenities and unhappiness 50,000 7. Loss of income during laid up period 1,00,000 Total 43,94,732.47 19. Thus, the claimant is held entitled to the total compensation of Rs.43,94,732.47/- as against Rs.23,49,000/-, along with interest at the rate of 6% per annum for the enhanced compensation. 20. The Insurance Company is directed to deposit the amount of compensation awarded within six weeks from the date of receipt of a certified copy of this judgment. 21. Out of the compensation awarded Rs.35,00,000/- has to be deposited in fixed deposit in any nationalized bank in the name of the claimant, with liberty to withdraw interest accrued periodically once in three months. - 17 - HC-KAR CNR: KAHC010528642022 NC: 2026:KHC:40751 MFA No. 7778 of 2022 C/W MFA No. 4096 of 2022 22. Amount in deposit shall be transmitted to the Tribunal. The appeal filed by the claimant in MFA No.7778/2022 is accordingly allowed in part and appeal filed by the Insurance Company in MFA No.4096/2022 is dismissed. SD/- (RAJESH RAI K) JUDGE GPG List No.: 1 Sl No.: 22